Procedures for settling denunciations in Vietnam

Procedures for settling denunciations in Vietnam

1. Procedures for settling denunciations in Vietnam

Pursuant to Article 28 of the Law on Denunciations 2018, the order of denunciation settlement is as follows:

- Accept a denunciation.

- Verify the denunciation.

- Give a conclusion about the denunciation.

- Handle the denunciation conclusion issued by the denunciation handler.

2. Regulations on accepting denunciations in Vietnam

According to Article 29 of the Law on Denunciations 2018, the regulations on the acceptance of denunciations are as follows:

- A denunciation handler may issue a denunciation decision if the following conditions are satisfied:

+ The denunciation is made as prescribed in Article 23 of Law on Denunciations 2018;

+ The denouncer has full legal capacity. In the case of limited legal capacity, a representative is required as prescribed by law;

+ The case falls within the recipient’s jurisdiction;

+ There are grounds for determining a violator and violation against the law.

In case a denunciation is derived from the complaint that has been settled within power and in accordance with prescribed procedures, but the complainant expresses his/her dissent and denounces the complaint handler, the denunciation will be only accepted if the denouncer provides information and documentary evidences to confirm that the complaint handler commits a violation.

- A decision on denunciation acceptance contains at least:

+ Issuance date of the decision;

+ Grounds for issuing the decision;

+ Accepted denunciation;

+ Time limit for settling the denunciation.

- Within 05 working days from the issuance date of the decision on denunciation acceptance, the denunciation handler shall notify the denouncer and the denounced party.

3. Time limit for settling denunciations in Vietnam

Pursuant to Article 30 of the Law on Denunciations 2018, the time limit for settling denunciations is as follows:

- A denunciation shall be settled within 30 days from the date on which it is accepted.

- Regarding a complicated case, the time limit may be extended once for a period not exceeding 30 days.

- Regarding a particularly complicated case, the time limit may be extended twice for up to 30 days in each period of extension.

- The denunciation handler shall issue an extension decision to the denouncer, denounced party and relevant organizations and individuals.

4. Verification of denunciation in Vietnam

Verification of denunciation is specified in Article 31 of the Law on Denunciations 2018 as follows:

- The denunciation handler shall verify or assign an inspecting authority at the same level or another organization/individual to verify the denunciation (below collectively referred to as “the denunciation verifier”) The denunciation verification shall be assigned in writing.

- The written assignment on denunciation verification shall contain at least:

+ Date of assigning verification;

+ The assignee;

+ Full name and address of the denounce party; name and office building of the denounced party;

+ The denunciation to be verified;

+ Time for carrying out verification;

+ Rights and responsibilities of the assignee.

- The denunciation verifier shall adopt necessary measures to collect information and documents to clarify the denunciation. The collected information and documents shall be recorded. Where necessary, a record shall be made and included in the case file.

- During the verification, the denunciation verifier shall enable the denounced party to provide its/his/her explanation and evidences for the denunciation to be verified.

- The denunciation verifier may exercise the rights and fulfill the obligations specified in Points a, b, c and d Clause 1 and Points a, b and c Clause 2 Article 11 of Law on Denunciations 2018 as assigned by the denunciation handler.

- After the verification, the assignee shall send a written notice of verification result and proposed remedial measures to the denunciation handler.

5. Regulations on Giving conclusions about denunciations in Vietnam

Article 35 of the Law on Denunciations 2018 provides for the conclusion of denunciation contents as follows:

- According to the denunciation and explanation provided by the denounced party, result of denunciation verification and relevant documents and evidences, the denunciation handler shall issue a denunciation conclusion.

- A denunciation conclusion shall contain at least:

+ Result of denunciation verification;

+ Legal grounds for determining whether there is a violation against the law.

+ Conclusion that the denunciation is correct, partially correct or untruthful; responsibilities of each organization/individual for the denunciation;

+ Remedial measures to be taken; request for application of measures for taking actions against violators by other organizations and individuals;

+ Request for amendments to policies and laws and implementation of necessary measures for protecting the State interests and legitimate rights and interests of organizations and individuals by a competent authority.

- Within 05 working days from the issuance date of the denunciation conclusion, the denunciation handler shall send it to the denounced party, organization that manages the denounced party and relevant organizations and individuals, and the denouncer.

Ngoc Nhi

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